The awards provided on this page consist of all the Article 21.3(c) awards circulated to WTO Members. The list is updated immediately after each new award is circulated.

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• These awards are published in their officially paginated format by Cambridge University Press in the Dispute Settlement Reports (DSRs). The DSR citations are provided in the table (with the exception of recently circulated awards which have not yet been published).

 

Article 21.3(c) "Reasonable Period of Time" Arbitration Awards

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Enter search criteria in one or more fields to select disputes with specific criteria, then scroll down for search results. (See additional search instructions and explanatory notes.) Note that to use the date fields, you must enter the year, month and day. Click on the column headings to sort table by a specific column. The total number of awards is indicated at the bottom of the table (as the number of Records). The number is recalculated each time a search is performed. The link to each report is in PDF format. To view the PDF files, you will need the free Acrobat Reader, which can be downloaded from Adobe. The last column is a link to our Dispute Settlement Commentary for the decision, and is only accessible to subscribers.

Enter Terms to Search Article 21.3(c) Awards Database Decision: Complainants (in underlying dispute): DS Number: Start Date: 199519961997199819992000200120022003200420052006200720082009201020112012201320142015JanFebMarAprMayJunJulAugSepOctNovDec12345678910111213141516171819202122232425262728293031 End Date: 199519961997199819992000200120022003200420052006200720082009201020112012201320142015JanFebMarAprMayJunJulAugSepOctNovDec12345678910111213141516171819202122232425262728293031 Arbitrator:

Decision Complainants (in underlying dispute) DS Number Circulation  Arbitrator Award DSC Japan - Alcohol (21.3(c)) Canada, European Communities, United States 8,10,11 Feb 14, 1997 Lacarte-Muro 15 months DSC EC - Bananas (21.3(c)) Ecuador, Guatemala, Honduras, Mexico, United States 27 Jan 07, 1998 El-Naggar 15 months, 1 week DSC EC - Hormones (21.3(c)) Canada, United States 26,48 May 29, 1998 Lacarte-Muro 15 months DSC Indonesia - Autos (21.3(c)) European Communities, United States 54,55,59,64 Dec 07, 1998 Beeby 12 months DSC Australia - Salmon (21.3(c)) Canada 18 Feb 23, 1999 El-Naggar 8 months DSC Korea - Alcohol (21.3(c)) European Communities, United States 75,84 Jun 04, 1999 Ehlermann 11 months, 2 weeks DSC Chile - Alcohol (21.3(c)) European Communities 87,110 May 23, 2000 Feliciano 14 months, 9 days DSC Canada - Pharmaceuticals (21.3(c)) European Communities 114 Aug 18, 2000 Bacchus 6 months DSC Canada - Autos (21.3(c)) European Communities, Japan 139,142 Oct 04, 2000 Lacarte-Muro 8 months DSC U.S. - Copyright (21.3(c)) European Communities 160 Jan 15, 2001 Lacarte-Muro 12 months DSC U.S. - 1916 Act (21.3(c)) European Communities, Japan 136,162 Feb 28, 2001 Ganesan 10 months DSC Canada - Patent Term (21.3(c)) United States 170 Feb 28, 2001 Ehlermann 10 months DSC Argentina - Bovine Hides (21.3(c)) European Communities 155 Aug 31, 2001 Feliciano 12 months, 12 days DSC U.S. - Hot-Rolled Steel from Japan (21.3(c)) Japan 184 Feb 19, 2002 Feliciano 15 months DSC U.S. - Line Pipe Safeguards (21.3(c)) Korea 202 Jul 26, 2002 Taniguchi Agreement reached by parties -- report of proceedings issued, but no award made DSC Chile - Agricultural Products (Price Band) (21.3(c)) Argentina 207 Mar 17, 2003 Lockhart 14 months DSC U.S. - Offset Act ("Byrd Amendment") (21.3(c)) Australia, Brazil, Canada, Chile, European Communities, India, Indonesia, Japan, Korea, Mexico, Thailand 217,234 Jun 13, 2003 Taniguchi 11 months DSC EC - Tariff Preferences (21.3(c)) India 246 Sep 20, 2004 Lockhart 14 months, 11 days DSC U.S. - Final Lumber AD Determination (21.3(c)) Canada 264 Dec 13, 2004 Lockhart Agreement reached by parties -- report of proceedings issued, but no award made DSC U.S. - OCTG Sunset Reviews (21.3(c)) Argentina 268 Jun 07, 2005 Ganesan 12 months DSC U.S. - Gambling Services (21.3(c)) Antigua and Barbuda 285 Aug 19, 2005 Ehlermann 11 months, 2 weeks DSC Dominican Republic - Cigarettes (21.3(c)) Honduras 302 Aug 29, 2005 Lockhart Agreement reached by parties -- report of proceedings issued, but no award made DSC EC - Sugar Subsidies (21.3(c)) Australia, Brazil, Thailand 265,266,283 Oct 28, 2005 Ganesan 12 months, 3 days DSC EC - Chicken Classification (21.3(c)) Brazil, Thailand 269,286 Feb 20, 2006 Bacchus 9 months DSC U.S. - Zeroing (Japan) (21.3(c)) Japan 322 May 11, 2007 Feliciano Agreement reached by parties -- report of proceedings issued, but no award made DSC Japan - DRAMS CVDs (21.3(c)) Korea 336 May 05, 2008 Unterhalter 8 months, 2 weeks DSC Brazil - Tyres (21.3(c)) European Communities 332 Aug 29, 2008 Taniguchi 12 months DSC U.S. - Stainless Steel (Mexico) (21.3(c)) Mexico 344 Oct 31, 2008 Feliciano 11 months, 10 days DSC Colombia - Ports of Entry (21.3(c)) Panama 366 Oct 02, 2009 Sacerdoti 8 months, 15 days DSC U.S. - COOL (21.3(c)) Canada, Mexico 384,386 Dec 04, 2012 Sacerdoti 10 months DSC China - GOES (21.3(c)) United States 414 May 03, 2013 Ehlermann 8 months, 15 days Records: 31

Search Instructions                    /         Back to search form

• Search criteria are cumulative, i.e., where multiple criteria are used, the search will find awards where all the criteria match.

Explanatory Notes

• In U.S. - Line Pipe Safeguards (2002), U.S. - Final Lumber AD Determination (2004), Dominican Republic - Cigarettes (2005) and U.S. - Zeroing (Japan) (2007), the parties reached agreement during the course of the proceedings.  Therefore, the Arbitrator circulated a report that describes the procedural background of the proceedings, but contains no findings as to the reasonable period of time.

DSU Article 21.3 provides:

At a DSB meeting held within 30 days¹¹ after the date of adoption of the panel or Appellate Body report, the Member concerned shall inform the DSB of its intentions in respect of implementation of the recommendations and rulings of the DSB. If it is impracticable to comply immediately with the recommendations and rulings, the Member concerned shall have a reasonable period of time in which to do so. The reasonable period of time shall be:

(a) the period of time proposed by the Member concerned, provided that such period is approved by the DSB; or, in the absence of such approval,

(b) a period of time mutually agreed by the parties to the dispute within 45 days after the date of adoption of the recommendations and rulings; or, in the absence of such agreement,

(c) a period of time determined through binding arbitration within 90 days after the date of adoption of the recommendations and rulings.¹²  In such arbitration, a guideline for the arbitrator¹³ should be that the reasonable period of time to implement panel or Appellate Body recommendations should not exceed 15 months from the date of adoption of a panel or Appellate Body report. However, that time may be shorter or longer, depending upon the particular circumstances.

11    If a meeting of the DSB is not scheduled during this period, such a meeting of the DSB shall be held for this purpose.

12    If the parties cannot agree on an arbitrator within ten days after referring the matter to arbitration, the arbitrator shall be appointed by the Director-General within ten days, after consulting the parties.

13    The expression "arbitrator" shall be interpreted as referring either to an individual or a group.

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